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Since Polands conservative Law and Justice (PiS) government was elected in October 2015, it has systematically moved to consolidate its power. The countrys public media have lost their independent voice. The powers of the supreme court have been curtailed. Managers of enterprises have been replaced. Human rights, especially for women, have been constantly undermined.

The latest and most damaging development with regard to the strength and durability of Polands democratic structures is PiSs move against the entire judiciary. The countrys legislative, executive, and judicial powers will now be controlled by PiS and administered by the justice minister, Zbigniew Ziobro. New legislation pushed through the parliament during a late-night session on July 12 gives Ziobro the right to appoint and dismiss judges, including those on the supreme court. The independent body that nominated judges is being disbanded.

Furthermore, the justice minister now has the right to dismiss the presidents of regional and appellate courts. What this means is that if PiS wants to silence the opposition and its critics by bringing what opponents believe will be trumped-up corruption charges, the government will have a compliant judiciary at its disposal. PiS has crushed the judicial system in Poland, said Ewa towska of the Polish Academy of Sciences.

The opposition has held demonstrations. Jarosaw Kaczyski, the PiS leader, accused protesters of trying to stage a coup dtat. On July 16, Polish public television reported on the demonstrations with the caption: The opposition attempts to organize a coup against the democratically elected government. Such language will almost certainly become more widespread and conspiratorial in the run-up to regional elections due in 2018.

Kaczyski has never wavered in his belief that after 1989, Poland never had a real revolution that would havein his viewcleansed the countrys system of Communists, their supporters, and the secret police. Since then, he has been waging his own relentless war against the liberal wing of the Solidarity trade union movement. For Kaczyski, it is they who have prolonged the old system. Had his nationalist wing of Solidarity been in the drivers seat, things would have been entirely differentaccording to his narrative, which continues a quarter of a century later.

The vendetta has become so intense that Lech Wasa, the former leader of Solidarity, is vilified by PiS. He has been accused of conniving with the secret police. Polands school curriculum now presents a particularly jaundiced interpretation of the events leading up to 1989 and the years afterward. Wasas role hardly figures in school textbooks, if at all. Such is the politics of revenge that is playing out in Polandto the detriment of the countrys democracy and place in Europe.

Over in Brussels, the European Commission is supposed to protect and uphold Article 2 of the EUs founding treaty, which states, The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. On July 14, the EU issued a statement expressing great concern after the Polish parliament introduced a bill to force all supreme court judges to step down except those the justice minister wanted to remain. Not much of a rebuke.

Its not as if European Commission Vice President Frans Timmermans is unaware of what is taking place in Poland. His strategy so far has been to pursue a dialogue with PiSto no avail. The problem is that without any kind of pressure, PiS will be undeterred. One need only look at the experience of nearby Hungary, where Prime Minister Viktor Orbn has used his partys two-thirds majority in the parliament to turn the country into a state based on loyalty, patronage, clientelism, and corruption.

The EU can either discard Article 2as if civil society, the opposition, and what is left of the independent judiciary in Poland didnt matteror stop the flow of Polands EU structural funds, which are paid for by taxpayers. That is what the union should have done long ago in Hungary. But such a move would require the support of the EU member states, and Poland knows Hungary is on its side. PiS seems confident that penalties would never be agreed on. And then there is the argument that threats from Brussels will only harden PiSs stance against the EU.

These are well-worn and tired arguments. By joining the EU, Poland and Hungary signed up to a set of obligations, values, and solidarity. The most recent developments in Poland show that Warsaw is making a mockery of the EU. But the union, with political will, still has time to change tack. After all, overwhelming majorities of Poles and Hungarians still back the EU. That support should no longer be ignored.

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Poland's Drift Away From Democracy - Carnegie Europe